actual notice
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actual notice
Commonly means notice expressly and directly given to a person and received by that person.In legal documents,however,a requirement for actual notice may be satisfied through express notice or implied notice, but not by constructive notice. Express notice is given by actual delivery of the information to the person charged.Implied notice is satisfied if the person has sufficient facts available to cause him or her to ask further questions and thereby receive express notice. Constructive notice occurs when someone is charged by law with making inquiries such as would cause him or her to learn of facts giving rise to implied notice.
The Complete Real Estate Encyclopedia by Denise L. Evans, JD & O. William Evans, JD. Copyright © 2007 by The McGraw-Hill Companies, Inc.